Chapter 8.15
GARBAGE AND LITTER
Sections:
Article I. Garbage Regulation
8.15.020 No accumulation of garbage.
8.15.030 Limitations upon dumping.
Article II. Litter – Handbills
8.15.060 Litter in public places.
8.15.070 Placement of litter in receptacles so as to prevent scattering.
8.15.090 Merchants’ duty to keep sidewalks free of litter.
8.15.100 Litter thrown by persons in vehicles.
8.15.110 Truck loads causing litter.
8.15.130 Litter in lakes and fountains.
8.15.140 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.
Article I. Garbage Regulation
8.15.010 Definitions.
“Commercial garbage” refers to garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels, and similar establishments.
“Community waste” means lawn cutting, clippings from bushes and shrubs, leaves and trees and tree branches.
“Container” or “regulation container” means a type of garbage or trash container of galvanized metal or other approved material and having a tight fitting lid or properly and sufficiently treated weather resistant paper bag manufactured specifically for use in garbage and refuse collection.
“Garbage” means waste from the preparation, handling, storing, cooking, or consumption of food and food products.
“Refuse” means all waste matter, except garbage, attending or resulting from the occupancy of residences, apartments, hotels, or other places of dwelling and from the operation of a business. Refuse shall not be deemed to include industrial waste or waste matter resulting from the construction, demolition, or repair of a building or other structure.
“Residential garbage” refers to garbage produced in places of private residence and dining halls not open to the public. [Ord. 87-34 § 10-04-001, 1987.]
8.15.020 No accumulation of garbage.
It shall be unlawful for any person to accumulate garbage or refuse or cause garbage or refuse to be deposited upon any street or alley or upon any premises in the municipality without express permission from the TriCounty health officer. The TriCounty health officer may permit the feeding or processing of garbage or refuse upon premises properly equipped and maintained so as to prevent the creation of a nuisance or a hazard to health, or permit the depositing of ashes and other dry material for filling purposes at such places as the TriCounty health officer may designate and under such restrictions as the governing body may by regulation impose. Additionally, the TriCounty health officer may grant to any person permission for sorting, bailing, and marketing trade waste upon premises properly equipped and maintained. [Ord. 87-34 § 10-04-005, 1987.]
8.15.030 Limitations upon dumping.
Dumping waste and garbage shall be permitted only in such places as are designated by the governing body. Dumping shall be subject to such rules and regulations as may be formulated by the governing body. [Ord. 87-34 § 10-04-006, 1987.]
8.15.040 Regulations.
The governing body may adopt such regulations as in its opinion are necessary to implement this article and its objectives. [Ord. 87-34 § 10-04-007, 1987.]
Article II. Litter – Handbills
8.15.050 Definitions.
For the purpose of this article:
“Authorized receptacle” is a public or private litter storage and collection receptacle.
“Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
(a) Which advertises for sale any merchandise, product, commodity, or thing;
(b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;
(c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this municipality; or
(d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distribution.
“Garbage” means waste from preparation, cooking, or consumption of food, condemned food products, and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels, and other places where food is handled, stored, sold, cooked, or consumed.
“Litter” is garbage, refuse, and rubbish as defined in this chapter and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare, or appearance of the municipality.
“Vehicle” is every device in, on, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks. [Ord. 87-34 § 10-04-101, 1987.]
8.15.060 Litter in public places.
No person shall throw or deposit litter in or on any street, sidewalk, or other public place except:
(1) In authorized receptacles for collection or in official municipal garbage dumps; or
(2) For collection as authorized by the governing body. [Ord. 87-34 § 10-04-102, 1987.]
8.15.070 Placement of litter in receptacles so as to prevent scattering.
Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk, or other public place or on private property. [Ord. 87-34 § 10-04-103, 1987.]
8.15.080 Sweeping litter into gutters prohibited except as otherwise authorized by the governing body.
No person shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. [Ord. 87-34 § 10-04-104, 1987.]
8.15.090 Merchants’ duty to keep sidewalks free of litter.
No person owning or occupying any place of business shall sweep into or deposit in any gutter, street, or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free from litter. [Ord. 87-34 § 10-04-105, 1987.]
8.15.100 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place or on private property. [Ord. 87-34 § 10-04-106, 1987.]
8.15.110 Truck loads causing litter.
No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited on any street, alley or other public place. Nor shall any person drive or move any vehicle or truck the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. [Ord. 87-34 § 10-04-107, 1987.]
8.15.120 Litter in parks.
No person shall throw or deposit litter in any park except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. [Ord. 87-34 § 10-04-108, 1987.]
8.15.130 Litter in lakes and fountains.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, or any other body of water in a park or elsewhere. [Ord. 87-34 § 10-04-109, 1987.]
8.15.140 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or on any premises which are temporarily or continuously uninhabited or vacant. [Ord. 87-34 § 10-04-110, 1987.]